On Friday, the Supreme Court of New South Wales approved a joint leapfrog application in the combined ICA/AFCA BI Test Case. The effect is that the combined test case, which focuses on the application of the Quarantine Act exclusion to infectious diseases cover in business interruption policies, has now been referred directly to the NSW Court of Appeal and is listed for hearing commencing on 2 October 2020.
In support of the Motion to refer the matter to the Court of Appeal the parties highlighted, among other things, the public interest in the combined test case, the fact that the case is focused on policy construction rather than any underlying factual disputes, and the importance of providing a quick resolution and certainty for all stakeholders. Further comment on the relevance of the combined test case and direct referral to the NSW Court of Appeal has been provided in a separate statement issued by the Insurance Council of Australia, which is available here.
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